Hoskins Lumber Co., Inc. v. United States

The government appeals from the March 16, 1995, decision of the United States Court of Federal Claims, No. 323-88 C, dismissing the government’s counterclaim for damages under the “no resale” clause of its timber contract with Hoskins Lumber Co. (Hoskins). The trial court denied the government’s motion for reconsideration on April 6, 1995, adhering to its earlier conclusion that it “did not have reliable testimony sufficient to understand how defendant was damaged, much less to guess an amount.” The appeal was submitted for decision after oral argument on April 4,1996. Because the “no resale”…